Términos y condiciones

1. Scope of application
These General Terms and Conditions (GTC) apply to all contracts and performance relationships between dai-komio e.K., Lindenberger Ring 14, 16356 Ahrensfelde, Germany (hereinafter referred to as "dai-komio") and its customers regarding the use of products and services offered by dai-komio to its customers.
Contrary or deviating conditions and contract offers from the customer are hereby objected to by dai-komio. Deviating regulations from these General Terms and Conditions only become part of the contract if agreed with dai-komio within the framework of an individual agreement concluded between the parties.

2. Definitions
The following definitions apply for the purpose of these General Terms and Conditions:

  1. Account: The virtual access account of the customer for the respective contractual relationship. The account is used for billing, allocation of services and contract models, as well as the customer's personal settings.
  2. dai-komio Services: The total services provided by dai-komio within the framework of the contractual relationship or the products made available in accordance with the valid service description for the respective service.
  3. Registration: The electronic registration or order of the customer for the respective contractual relationship.
  4. Customer: Entrepreneurs or consumers with whom dai-komio maintains a business relationship.
  5. Personal data: Individual details about personal or factual circumstances of an identifiable or identified natural person.
  6. Entrepreneur: Natural or legal persons or legal partnerships capable of acting in their commercial or independent professional activity when concluding a legal transaction.
  7. Consumer: Natural persons who enter into business relationships with dai-komio without this being attributable to commercial or self-employed professional activity.

3. Conclusion of contract
3.1 Contract content
The offers made by dai-komio are subject to change unless they are expressly designated as binding. The subject matter of the contract consists of products and services of dai-komio as offered in the respective product description at the time of conclusion of the contract with the customer.

3.2 Procedure for concluding the contract
By registering, the customer declares bindingly that he/she wishes to use the dai-komio services under the respective contract conditions offered and selected by dai-komio (customer's contract offer). The customer's contract offer is transmitted to dai-komio when he/she provides his/her contract data as part of the registration process and completes the registration by clicking on a confirmation link.
The contract between the customer and dai-komio is concluded with the acceptance of the customer's contract offer by dai-komio or with the receipt of the identification data by the customer. dai-komio is not obliged to accept contract offers. In the case of an additional booking via the account, the contract for such additional services is concluded by confirmation from dai-komio or by the provision of the booked service within 5 working days from the customer's request for provision.

3.3 Registration data
The customer undertakes to provide truthful information when registering and to keep this data up to date at all times. If this data is or becomes incorrect during the term of the contract, the customer will promptly update or correct it in his/her account. Contractual communication usually takes place by e-mail. The customer is responsible for ensuring that the e-mail address provided by him/her in his/her master data is correct and that he/she makes settings for his/her systems and e-mail inbox so that he/she can receive contract-related messages from dai-komio.

3.4 Contractual performance
dai-komio owes the respective contractual service in accordance with the respective current service description.
dai-komio is entitled to make changes and adjustments to its range of services, provided that this does not impair the contractual service for the customer. This includes, in particular, improvements to the software and expansions of the scope of functions as well as adjustments to the state of the art. Furthermore, dai-komio is entitled to adjust the contractual services to comply with the respective applicable legal requirements, as well as to adjust them to the state of the art and the applicable requirements and standards of data protection and data security. The availability of the dai-komio services is, unless otherwise stated in the respective service description, at least 99% per year. In the event of unforeseen events, dai-komio is entitled to interrupt dai-komio services for the purpose of maintenance or repair, provided that this is necessary for stable and secure service operation. dai-komio only grants a warranty in the legal sense on the basis of a warranty agreement made in text form using the designation "Warranty." Achieving economic or advertising success beyond the agreed contractual service is not part of our service.

4. Prices and payment conditions
4.1 Prices
The prices for the services used by the customer are based on the respective order forms/offers and the currently valid price lists as they are available on the free-web-analytics website (https://www.free-web-analytics.com/en/prices). dai-komio accepts the payment methods visible in the customer's account or during the order process. dai-komio is entitled to reject certain payment methods in individual cases if dai-komio has a legitimate interest in doing so.

4.2 Invoicing
Invoicing to the customer is done electronically, unless otherwise agreed with the customer. The invoice is sent exclusively by e-mail to the address provided by the customer.

4.3 Due Date and Default
Ongoing fees are payable in advance for the respective performance period without deductions. Invoice amounts are due upon invoicing and payable within 7 days. The non-utilization of contract services by the customer does not exempt them from their payment obligation regarding ongoing fees.
In the event of the customer's default in payment, dai-komio is entitled to suspend further services, especially access to dai-komio services, after announcement until full settlement of outstanding claims at the customer's expense. The customer remains obligated to pay ongoing fees during the suspension.
After an unsuccessful reasonable deadline, dai-komio is entitled to terminate the contract without notice.
For returned direct debits, the customer must reimburse dai-komio for the costs incurred to the extent that the customer is responsible for the cost-triggering event.
Further claims and rights of dai-komio remain unaffected.

4.4 Offset
The customer may only set off against claims of dai-komio with undisputed or legally established claims or with claims from the same contractual relationship. The exercise of a right of retention is only permissible to the extent that the counterclaim is based on the same contractual relationship. The above limitations on offsetting and retention rights do not apply to counterclaims of the customer within the scope of exercising the statutory right of withdrawal.

4.5 Objections
Objections to the invoice must be raised in text form (in writing or by email) to dai-komio (see address in paragraph 1) within 3 weeks of receipt of the invoice. If the customer does not raise objections within 3 weeks of receipt of the invoice, the invoice is deemed approved. Legal claims of the customer in case of objections after the deadline remain unaffected.

4.6 License Change / Upgrades
An upgrade within the products/licenses offered by dai-komio is possible at any time. The customer can select a more comprehensive service package for the product they are using. A change made in the customer's account is binding and constitutes a new contract under the conditions applicable to the selected license, especially with regard to the contract term applicable to the new license, which begins upon switching to the new license. Unused services from the old contract expire without replacement. A downgrade (selection of a less comprehensive service package) is also possible during a current contract period. Any existing and unused services expire without replacement. Refunds are excluded.

5. Trial Period
dai-komio provides a free trial access on the website www.free-web-analytics.com. The customer can use this to assess the usability of the services. The trial access can be terminated by dai-komio at any time without prior notice if there is a legitimate interest.

6. Customer Care
dai-komio has taken technical and organizational measures in accordance with the law to secure personal data stored at dai-komio against misuse and unauthorized access. dai-komio is not responsible for data security outside dai-komio's sphere of influence, e.g., during data transmission by the customer via the internet through services and interfaces not controlled by dai-komio. The customer is responsible for the security and protection of data transmitted by the customer over the internet or technically accessible from the internet.
The customer is responsible for regularly, properly, and appropriately securing data important to them. dai-komio is not liable for data loss unless it has been grossly negligent or intentionally caused by dai-komio.
The customer ensures that their end devices connected to dai-komio services have security measures (e.g., antivirus software with up-to-date virus signatures, firewalls) corresponding to the current state of technology, and that security updates to the operating software and applications of these computer systems are installed unless there are legitimate interests of the customer to the contrary. The customer is responsible for organizing data protection and complying with the data protection requirements applicable to them and their measures for information security in accordance with legal requirements.

7. Other Rights and Obligations of the Customer
The customer is prohibited from using services automatedly via interfaces other than those released by dai-komio for this purpose, e.g., via scripts or "tools," without separate written consent from dai-komio.

8. Defects
The customer must report any defects to dai-komio immediately in text form and support dai-komio in an appropriate and reasonable manner with precise descriptions of errors for error analysis and rectification. Legal claims of consumers remain unaffected.

9. Other Liability
dai-komio is not liable for impairments, restrictions, or performance obstacles as well as interruptions or disruptions of dai-komio services based on circumstances beyond dai-komio's control.
The customer undertakes not to violate applicable legal provisions or contractual provisions when using dai-komio services. In particular, the customer will not infringe upon third-party rights (e.g., personal rights, copyrights, industrial property rights (especially trademark rights), or other rights).

10. Duration and Termination
At the conclusion of the contract, the customer selects a contract term (performance period). Unless otherwise specified, each contract can be terminated by either party at the end of the chosen performance period. Refund of payments made by dai-komio up to that point is excluded. If the contract is not terminated, the contract term is automatically extended at the end of each performance period for the period chosen at the time of contract conclusion.
Termination must be made exclusively by declaration in written form.
dai-komio has an extraordinary right of termination (in addition to other termination rights under these terms and conditions), in particular if
  1. the customer has provided or provides false information during registration or during the term of the contract, which is essential for the contractual relationship
  2. the customer fails to pay in case of default after an unsuccessful deadline
  3. the customer not only insignificantly violates the general terms and conditions or essential contractual obligations

From the time of termination of the contract, dai-komio is entitled to irrevocably delete all data stored during the term of the contract.
Upon termination of the contract, the customer is no longer entitled to use the terminated services.

11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/main/. We are generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. However, we strive to resolve any disagreements from our contractual relationship amicably. Please contact us so that we can find a solution together. Our email address is: info@free-web-analytics.com

12. Final Provisions
For the interpretation of the contract content and the rights and obligations of the contracting parties, the German version of these General Terms and Conditions must always be consulted.
dai-komio is entitled to involve third parties in fulfilling contractual obligations. The responsibility of dai-komio remains unaffected thereby.
The law of the Federal Republic of Germany applies. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. This choice of law only applies to consumers to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of habitual residence of the consumer.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction within the Federal Republic of Germany, Berlin is the place of jurisdiction for all disputes arising from contractual relationships between the customer and dai-komio.
The possible invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. Instead of the invalid points, the statutory provisions apply, as far as available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes invalid.


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